Resolution-PC 2002-120i
RESOLUTION NO. PC2002-120
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04551 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE EASTERLY 265 FEET OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
THIRTEEN, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LOS
COYOTES AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 15, 2002 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection therewith; and that the hearing was continued to
the July 29 and August 12, 2002 Planning Commission meetings; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itseE# and in-its bek~a~~, a~d a~te~ dug-consideratia~ of aU ev[den_ ce and_ reports offered_~t said heari _ng,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.21.050.125 to wit: to permit a telecommunications antenna and
microwave dish on an existing electrical transmission tower and accessory ground-mounted equipment.
2. That the proposed telecommunications facility in the RS-A-43,000
(Residential/Agricultural) Zone, as conditioned herein, will not adversely affect the adjoining land uses
and the growth and development of the area in which it will be located; and that the equipment shelter
will be screened from the public right-of-way (Stonybrook Drive) by landscaping and the antennas will be
painted to match the legs of the existing electrical transmission tower.
3. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because this is an unmanned
faciiity with infrequent maintenance.
4. That the size and shape of the site is adequate to allow full development of fhe proposed
use in a manner not detrimental to the particular area nor to the peace, health, safety, and general
welfare because the existing Southern California Edison transmission towers allow opportunities for
telecommunications facilities on the tower legs without separate facilities being built thereby minimizing
impacts to the surroundings.
5. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that the use contributes to an essential and effective wireless communication nefinrork system.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That this conditional use permit shall expire five (5) years from the date of this resolution, on August
12, 2007.
2. That the telecommunications facility shall be limited to a maximum height of sixty five (65) feet, with
three (3) sectors on the existing tower, consisting of finro (2) panel antennas per sector with
maximurn dimensions of four and one half (4.5) feet high, eight (8) inches wide, and two and three-
quarters (2.75) inches thick; and a maximum finrenty four (24) inch diameter microwave dish on the
existing tower at a maximum height of fifty (50) feet; and accessory ground-mounted equipment.
Said information shall be specifically shown on the plans submitted for building permits. No
additional antennas or equipment cabinets shall be permitted without the prior approval of the
Planning Commission.
3. That the antennas shall be finished and painted to match the existing lattice tower structure. If the
finish or color of the lattice tower is modified, the antennas shall be modified accordingly. Said
- in~or-m~~ion s~a41 b~ sp~cifcall-yshown_on the plans submitted for building permits. _
4. That the portion of the property being leased to the telecommunication provider shall be permanently
maintained in an orderly fashion through the provision of regular landscaping maintenance, removal
of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
5. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or
the transmission tower.
6. That the cable connecting the equipment shall be underground and shall not be visible to the public;
and that said information shall be specifically shown on the plans for building permits.
7. That the operator of this use (the "Operator") shall ensure that the location of the proposed
installation and the choice of frequencies will not interFere with the 800 MHz radio frequencies
required by the City of Anaheim to provide adequate spectrum capacity for public safety and related
purposes.
8. That at all times, other than during the post-installation test provided fior in Condition ~lo. 9, beiow,
the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
9. That before activating this facility, the Operator shali submit a post-instaHation test to the City to
confirm that the facility does not interfere with the City of Anaheim's public safery radio equipment.
This test shall be conducted by the Communications Division of the Orange County Sheriff's
Department or a Division-approved contractor at the expense of Operator.
10. That the Operator shall provide a finrenty four (24) hour telephone number to the Zoning Division
(which will be forwarded to the Fire and Police Departments) to which interference problems may be
reported; and that all interference complaints shall resolved all within twenty four (24) hours.
Further, if the 24-hour telephone number changes, the Operator shall immediately advise the Zoning
Division of the new number.
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11. That the Operator shall provide a"single point of contacY' in its Engineering and Maintenance
Departments to ensure continuity on all interFerence issues. The name, telephone number, fax
number and e-mail address of that person shall be provided to City's designated representative. If
the name, telephone number, fax number and e-mail address of that "single point of contacY'
changes, the Operator shall immediately advise the City's designated representative.
12. That the Operator shall ensure that each of its contractors, sub-contractors or agents, or any other
user of the facility, shall comply with these conditions of approval.
13. That the installer shall obtain a right-of-way construction permit from the Public Works Department
for any work within the public right-of-way, including but not limited to installation of conduit, cable
and electrical service lines.
14. That should this telecommunication facility be sold, the City of Anaheim shall be notified within thirty
(30) days of the close of escrow.
15. That all equipment, including supply cabinets and power meter, shall be installed on private property
and shall be screened from the public's view, as approved by the Zoning Division. Said information
shalf be specifically shown on the plans submitted for building permits.
16. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
- - 17. -~hat prior to-isstrance-o€ a-peF~+~ b~-the-B~ilding D-iuision or_within_a.period_of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 6, 7, 10, 11 and 15,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
18. That prior to final building and zoning inspections, Condition No. 9 and 16, above-mentioned, shall
be complied with.
19. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
20. (a) That within a period of one (1) year from the date of this resolution, the applicant shall submit
final landscaping plans to the Zoning Division for review and approval showing a ten (10) foot
wide landscaped planter afong Stonybrook Drive.
(b) That within a period of two (2) months following approval of the landscaping pians, said
landscaping shall be installed; and that the landscaping shall thereafter be maintained in
compliance with City standards.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
August 12, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
ce~tify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 12, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONER: KOOS
-- ABSEN~: CORAMISSEONEl~S: BOXDSTU~V, VAND.ERBiLT _. _ _
IN WITNESS WHEREOF, I have hereunto set my hand this vZ~ ~day of
~~~_, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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